Dismissed

M.Kalavathy v. the Commissioner of Police

Madras HC25 Mar 2019HCP/253/2019

Case brief

AI extract

What is this about?

Petitioner, paternal grandmother, filed a habeas corpus petition alleging illegal detention of her 10-year-old grand-daughter by her biological mother (3rd respondent). Court found the child is with her mother, who stated the child wishes to stay with her, and dismissed the petition.

What did the court decide?

Habeas Corpus Petition dismissed; petitioner allowed liberty to seek custody remedy before competent forum.

M.Kalavathy Vs the Commissioner of Police — Child Custody and Guardianship | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 25.03.2019

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CORAM

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THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN

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AND

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THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

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HCP.No.253 of 2019
Tmt.M.Kalavathy .. Petitioner
Versus
1.The Commissioner of Police,
Greater Chennai
Vepery, Chennai 600 007.
2.The Inspector of Police
(Law and order)
P-6, Kodungaiyru Police Station,
Chennai 600 118.
3.Vasanthi
4.Shanthi .. Respondents

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Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the body of the petitioner's minor grand-daughter by name Gokula Lakshmi, aged about 10 years before this Court and hand over to the petitioner.

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For Petitioner : Mr.K.Shivakumar For Respondents: Mr.C.Iyyappa Raj, Additional Public Prosecutor for R1 & R2 Mr.R.Ganeshkumar for R3 ORDER

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[Order of the Court was made by M.SATHYANARAYANAN, J.]

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The petitioner is the paternal grand mother of the detenue and alleging illegal custody / detention of the minor detenue,

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https://hcservices.ecourts.gov.in/hcservices/

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namely Gokula Lakshmi, aged about 10 years at the hands of the 3^rd respondent, who is her biological mother, came forward to file this Habeas Corpus Petition.

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The Habeas Corpus Petition was entertained on 01.02.2019 and when it was listed on 18.03.2019, the 3^rd respondent along with the detenue were present. This Court has also enquired with the minor detenue and she would state that she is willing to be with her mother only. The 3^rd respondent has also filed a counter affidavit and apart from taking the stand that she is the biological mother of the detenue, she would state that she was thrashed out of the matrimonial home during April 2011 itself and all along with the minor detenue, she is residing in her parents home and the detenue is now studying 5^th standard in Sri Vivekanandha Vidyasalai and she is taking care of her minor daughter and she has further stated that she has been wrongly implicated in alleged murder of her husband and she will prove her innocence in due process of law.

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The learned counsel appearing for the petitioner would also submit that in the light of the fact that the minor detenue is now in the care and custody of her biological mother, namely the 3^rd respondent and no orders have been passed in favour of the petitioner, prays for liberty to workout her remedy to get the custody of the minor detenue in accordance with law.

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In the light of the above, the Habeas Corpus Petition is dismissed and however, if the petitioner is so advised and if it is open to him under law, he is at liberty to workout her remedy as to the getting custody of the minor daughter before the competent forum.

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Sd/Assistant Registrar //True Copy// Sub Assistant Registrar

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1.The Commissioner of Police, Greater Chennai Vepery, Chennai 600 007. 2.The Inspector of Police (Law and order) P-6, Kodungaiyru Police Station, Chennai 600 118.

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https://hcservices.ecourts.gov.in/hcservices/

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3.The Public Prosecutor High Court, Madras.

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+1 cc to Mr.R.Ganesh Kumar, Advocate, Sr.No. 28110 +2 cc's to Mr.K.Shivakumar, Advocate, Sr.No. 27816

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HCP.No.253 of 2019

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CSL/10.05.2019

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https://hcservices.ecourts.gov.in/hcservices/

M.Kalavathy v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

M.Kalavathy v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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